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The patriot act protects american civil liberties
Does the Patriot Act infringe on civil rights
Approaches to statutory interpretation
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Citizens of any country are given some rights as well as responsibilities, and the United States of America is no exception. The Constitution (US Const) of the USA as well as the first ten amendments, also known as “Bill of Rights”, defines the framework of it. It is a supreme law that defines how Federal Government works. Shortly after the September 11th 2001 terrorist attacks, the US congress enacted a law, commonly known as The Patriot Act. This law enlarges the power of government and administration allowing them to obtain the personal records of any person of suspect in hopes of preventing any future terrorist act. Many of its provisions were going to expire in 2005, but Congress passed another bill named “US PATRIOT Improvement and Reauthorization Act in 2006” to reauthorize those. The Patriot Act technically doesn’t violate any constitutional right. However there are lots of gray areas where its interpretation are not only different but questionable. Even more some individual may overstep the fine line between the rights and responsibilities they have. Although the main purpose of this act is to maintain the safety of its citizens, residents and visitors, a debated soon started weather it violates Constitutional rights or not. The Constitution not only gives some rights to citizens, but also protects them. However, several lawyers are worried about the abuse of power by this act and violate the “Bill of Rights” and specifically the 4th amendment of the Constitution. Supporters of this act claim that most of the changes suggested by “The Patriot Act” are not new offers, only modest changes to the existing law. For example; interference with an airline crew has been illegal since Kennedy was President (Sales, Nathan A... ... middle of paper ... ...efAuxArt.aspx?refid=701713501> Gerdes Louise I. “The Patriot Act”: Detroit: Thomson Galem, 2005 Yoo, John C. “The Patriot Act Is Constitutional”. Encarta. July 10th 2009 < http://encarta.msn.com/encnet/refpages/RefAuxArt.aspx?refid=701713501> Preston, Julia. “Lawsuit Filed in Support of Muslim Scholar Barred From US.” New York Times. Jan 26th 2006: A18 Sales, Nathan A. “The Patriot Act isn’t broken.” March 6th 2009, Vol. 101 Issue 69, Student Research Center. EBSCOhost. Frederick Community Coll. Lib, Frederick, MD July 10th Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001. Pub. L. 107-56. 26 October 2001 USA PATRIOT Improvement and Reauthorization Act of 2005. Pub. L. 109-177. 9 March 2006
Financial records, library records, travel records, video rentals, phone records, medical records, and religious records can all be searched if the government states that the search is done to protect against terrorism. The act was passed after the 9/11 attack. Similarly to the Alien and Sedition Acts and the Espionage and Sedition Acts, the Patriot Act is a severe and controversial act passed in the wake of a severe and controversial event. This act is unconstitutional and disregards the personal liberties of the United States’ citizens.
Less than one week after the devastating terrorist attacks of September 11, 2001, the U.S.A. Patriot Act was introduced to Congress. One month later, the act passed in the Senate with a vote of 98-1. A frightened nation had cried for protection against further attacks, but certainly got more than they had asked for. Russell Feingold, the only Senator to vote down the act, referred to it as, “legislation on the fly, unlike anything [he] had ever seen.” In their haste to protect our great nation, Congress suspended, “normal procedural processes, such as interagency review and committee hearings,” and, “many provisions were not checked for their constitutionality, lack of judicial oversight, and potential for abuse.” Ninety-eight senators were willing to overlook key civil liberty issues contained within the 342 page act. The lone dissenting vote, Wisconsin Senator Russell Feingold, felt that our battle against terrorism would be lost “without firing a shot” if we were to “sacrifice the liberties of the American people.” Feingold duly defended American civil liberties at the risk of his career, truly exemplifying political courage as defined by John F. Kennedy.
In the aftermath of the September 11, 2001 terrorist attacks US Congress passed legislation known as the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 commonly known as the USA Patriot Act. This paper will attempt to prove that not only is the USA Patriot Act unconstitutional but many of its provisions do nothing at all to protect Americans from the dangers of terrorism.
America was built so that people could have the freedoms that they needed and that they did not have to be scrutinized by the government as stated by our late president Abraham Lincoln, "...Government of the people, by the people, for the people, shall not perish from the Earth." If our presidents in the past have fought for these rights why should one act take away all that they have fought for? The Patriot Act should be dismantled due to the fact that the rights of the people are being violated.
“Many opponents have come to see the patriot act as a violation of the fourth amendment to the U. S constitution.” (Belanger, Newton 2). The side effect of the patriot act is that it weakens many rights. This act weakens the fourth amendment which is our privacy protection. The fourth amendment allows citizens to be protected from unreasonable searches without a warrant. The police search suspects mainly because of their race or ethnic group.
In 2001, the United States fell victim to a multitude of tragedies. The most unforgettable, of course, being the terrorist attack on September 11th. Following the threat, Congress knew something had to be done to strengthen security controls. On October 23, 2001, Jim Sensenbrenner, a Republican Representative, introduced provisions to a previously sponsored House bill. By the next day, the act passed in the House with a vote ratio of three hundred and fifty-seven to sixty-six. The following day, the Senate took a vote on the bill, passing it by ninety-eight to one. Finally, on October 26, 2001, the USA Patriot Act was signed into law. The bill was intended to strengthen federal anti-terrorism investigations. But is the USA Patriot Act working to the full potential that it was originally intended? This is something that we are now going to explore. We will look deeper into, not only what the bill is, but also it’s journey to getting to the final draft and how it got passed. We will also explore the proponents and opponents of the act, and what they have to say about it. Finally, I will shed some light on who exactly is being effected now that this act is in place, and if they have been given a little too much power.
Since September 11, 2001 many people can say that America has changed. Many people question if America has changed for the better or has it just gotten worse. Since the day those four planes crashed around the United States people’s lives have been changed. Many may not realize how their lives have changed, but with new laws passed life is different within America. The United States Patriot Act is one of the laws passed after 9/11: singed into order on October 26, 2001 just 45 days after the attack. The United States Patriot Act was put in place in order to protect Americans, yet has been affecting American’s civil liberties and caused controversy all over the United States.
In a post 9/11 era, the American people were devastated by the attacks on the world trade center. Politicians rushed in a bipartisan agreement to push and enact the Patriot Act with the intent of keeping the United States safe. Immediately after 9/11, a panic broke out and many Americans supported the idea of giving up their rights for safety without any hesitation. Now, twelve years later, many skeptics call in to question the Patriot Act and the agencies created as a result of the legislation. In 2001, Former Senator Russ Feingold was the only senator to vote against the Patriot Act. Senator Feingold stated, "The first caution was that we must continue to respect our Constitution and protect our civil liberties in the wake of the attacks" (Statement on the USA PATRIOT Act). With fear fresh in their minds, many Americans were blinded by the promises of national security.
The USA Patriot Act came about after 9/11. The Act remains in use today with some slight modifications. On the other hand, FISA has been in use since the mid-1970s. Both Acts are highly controversial and are foreign to the average citizen. National security always requires a balancing act between freedom and security. As the saying goes, freedom is not free. This paper will describe the primary elements and / or components of the USA Patriot Act and FISA and research how the media has conveyed the main messages and elements of both acts. It will go on to discuss the media portrayal and general public perception of these acts. The paper will close with a discussion based on whether I believe the nation is more secure with these acts in place.
September 11th 2001 was not only the day when the delicate facade of American security was shattered, but it was also the events of this day that led to the violation of the rights of millions of American citizens. After relentless reprehension by the American masses on the approach that was taken after the 9/11 attacks ,the Bush administration enacted the Patriot Act on October 26th, 2001, a mere 56 days after this tragic event.The Patriot Act expanded the authority of U.S. law enforcement agencies so that they could hopefully avert future terrorist attacks. Under the Patriot Act The NSA (National Security Agency) could entrench upon the privacy of the citizens of the U.S. without public knowledge, consent or, probable cause. The particular incident which had the general public up at arms was when the NSA illicit surveillance came to public knowledge.
In the wake of the terrorist attacks on September 11, 2001, Congress sprang into action. Within a month, U.S. lawmakers overwhelmingly approved the USA Patriot Act of 2001, giving law enforcement and intelligence agent’s broader authority to fight terrorists operating in the United States.
Boykoff, J. (2006). Review of How Patriotic is the Patriot Act? Freedom Versus Security in the Age of Terrorism, by Amitai Etzioni. The Journal of Politics, 68(2), 457-487.
Citizens feeling protected in their own nation is a crucial factor for the development and advancement of that nation. The United States’ government has been able to provide this service for a small tax and for the most part it is money well spent. Due to events leading up to the terrifying attacks on September 11, 2001 and following these attacks, the Unites States’ government has begun enacting certain laws and regulations that ensure the safety of its citizens. From the Foreign Intelligence Surveillance Act (FISA) of 1978 to the most recent National Security Agency scandal, the government has attempted and for the most part succeeded in keeping domestic safety under control. Making sure that the balance between obtaining enough intelligence to protect the safety of the nation and the preservation of basic human rights is not extremely skewed, Congress has set forth requisites in FISA which aim to balance the conflicting goals of privacy and security; but the timeline preceding this act has been anything but honorable for the United States government.
Wainstein, Kenneth L. "The Protect America Act Is Necessary to Thwart Terrorism."National Security. Ed. David M. Haugen. Detroit: Greenhaven Press, 2008. At Issue. Opposing Viewpoints in Context. Web. 10 Dec. 2013.
The entire American Government is based in the belief that all human beings are born with certain rights. People do not receive their rights from the Government; its function is actually to guard the rights we already have. Citizens are protected by the first amendment, which prohibits government from acting against anyone's rights.